|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Mar 25, 2021||referred to children and families|
senate Bill S5998
Current Bill Status - In Senate Committee Children And Families Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5998 (ACTIVE) - Details
- See Assembly Version of this Bill:
- Current Committee:
- Senate Children And Families
- Law Section:
- Domestic Relations Law
- Laws Affected:
- Amd §§70 & 240, Dom Rel L
- Versions Introduced in Other Legislative Sessions:
2019-2020: S5725, A1894
S5998 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5998 SPONSOR: RITCHIE TITLE OF BILL: An act to amend the domestic relations law, in relation to determi- nations of child custody in matrimonial actions PURPOSE OR GENERAL IDEA OF BILL: The possibility or probability of a military parent being deployed should not be a factor in a child custody determination when a suitable child care plan is presented. SUMMARY OF SPECIFIC PROVISIONS: The legislation will take the possibility of being deployed for military service as a member of the United States Armed Forces or of the organ- ized militia of the State of New York as a detrimental factor when determining custody. The parent with possibility of deployment must provide a suitable child care plan for the period of such deployment.
S5998 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5998 2021-2022 Regular Sessions I N S E N A T E March 25, 2021 ___________ Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the domestic relations law, in relation to determi- nations of child custody in matrimonial actions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 70 of the domestic relations law is amended by adding a new subdivision (c) to read as follows: (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE COURT SHALL NOT CONSIDER THE DEPLOYMENT OF A PARENT IN ACTIVE SERVICE OF THE ARMED FORCES OF THE UNITED STATES OR OF THE ORGANIZED MILITIA OF THE STATE OF NEW YORK AS A DETRIMENTAL FACTOR TO THE AWARDING OF CUSTODY OF A CHILD WHERE A SUITABLE CHILD CARE PLAN FOR THE PERIOD OF SUCH DEPLOY- MENT HAS BEEN PRESENTED TO THE COURT BY THE PETITIONING PARENT. § 2. Paragraph (a) of subdivision 1 of section 240 of the domestic relations law, as amended by chapter 567 of the laws of 2015, is amended and a new subdivision 1-d is added to read as follows: (a) In any action or proceeding brought (1) to annul a marriage or to declare the nullity of a void marriage, or (2) for a separation, or (3) for a divorce, or (4) to obtain, by a writ of habeas corpus or by peti- tion and order to show cause, the custody of or right to visitation with any child of a marriage, the court shall require verification of the status of any child of the marriage with respect to such child's custody and support, including any prior orders, and shall enter orders for custody and support as, in the court's discretion, justice requires, having regard to the circumstances of the case and of the respective parties and to the best interests of the child and subject to the provisions of [subdivision] SUBDIVISIONS one-c AND ONE-D of this section. Where either party to an action concerning custody of or a right to visitation with a child alleges in a sworn petition or complaint or sworn answer, cross-petition, counterclaim or other sworn EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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